AND IN THE MATTER OF THE APPEAL BY PAT PARENTE, THE LICENSEE

The Stewards disallowed a claim of foul and made no change to the order of finish in the Northern Dancer Stakes race at Woodbine on September 14, 2014. Pat Parente appealed against this decision.

Date of Hearing: December 3, 2014

ORC Panel: Elmer Buchanan, Chair

Anthony Williams, Vice Chair

Justin Fogarty, Commissioner

Counsel for the Appellant: Daniel J. McMahon

Counsel for Rabbah Bloodstock LLC: Peter F.C. Howard

Counsel for the Administration: Angela Holland

Decision: The appeal was dismissed

A transcript with the Panel’s oral decision is attached to this Notice.

The Panel’s written Reasons for Decision will follow.

DATED at Toronto this 10^th day of December 2014.

______________________________

Rob McKinney

Acting Executive Director

ONTARIO RACING COMMISSION

THOROUGHBRED HEARING

IN THE MATTER OF THE RACING COMMISSION ACT, 2000, S.O. C.20 AND THE RULES OF THOROUGHBRED RACING:

AND IN THE MATTER OF AN APPEAL AND REQUEST FOR HEARING OF PAT PARENTE:

Held Before:

Anthony Williams Vice Chairman

Elmer Buchanan Chairman

Justin Fogarty Commissioner

These are an excerpt of the proceedings in the above mentioned matter held before The Ontario Racing Commission, Re: PAT PARENTE, taken before Toronto Court Reporters, Suite 1410, 65 Queen Street West, Toronto, Ontario, at 10 Carlson Court, Suite 400, Toronto, Ontario, on the 3rd day of December, 2014.

Appearances:

Angela Holland, for the Ontario Racing Commission Administration

Peter Howard for interested party Rabbah Bloodstock LLP

Dan McMahon for the appellant Pat Parente

Hearing continued ...

MR. CHAIRMAN: Please be seated. Good afternoon. This is the ruling of the panel. Reasons will follow. The overview; this appeal involves the 9th running of the Northern Dancer Stakes on a Sunday afternoon on September 14 of the year 2014 at Woodbine Racetrack. Nine thoroughbred horses competed in a one and one half mile race on turf for a purse of $300,000. The order of finish is set out in the book of documents of the Administration Exhibit 2, tab 3 at page 6 in the Daily Racing Form. The ruling appealed against by Pat Parente is ruling number TB8962/2014 set out at Exhibit 2, book of documents of the Administration, tab 8 at page 12 and I quote in part: "Following the running of the 6th race on September 14, 2014 the Northern Dancer Stakes the stewards posted the inquiry sign and jockey aboard number 2 REPORTING STAR 3rd, Justin Stein lodged a claim of foul against the number 8 SHEIKHZAYEROAD 1st for an alleged interference approaching the finish. The stewards having utilized all camera angles at their disposal and speaking with the Judges involved disallowed the claim of foul and made no change to the order of finish." That decision was released in official form on September 20th, 2014. The appeal in this matter is set out in Exhibit 5, amended factum of the appellant. The relief sought is that the appeal be allowed and that the number 8 horse ridden by Martin Lane be disqualified and his horse placed in order of finish behind number 2 horse ridden by Justin Stein. That document is dated November 26th, 2014. The findings and this is of a preliminary nature but we have come to the conclusion that irrespective of the tests applied and irrespective of whether this proceeding is viewed as an appeal, a review or a trial de novo that this appeal is denied. We have found that, and this is not a surprise, that the number 8 interfered with the number 2. The interference did not alter the finish of the race. The interference did not improve the placing of the number 8. The ruling of the stewards is upheld. There are no other sanctions and there will be no order as to costs. I wish to thank the parties for their effective presentations.

MS. HOLLAND: Thank you.

MR. HOWARD: Thank you.

CERTIFIED CORRECT:__________________________________

RAYMOND P. MACDONALD, B.A., CVR

Commissioner of Oaths

Pat Parente, 2014 CanLII 73396

Case Summary

AND IN THE MATTER OF THE APPEAL BY PAT PARENTE, THE LICENSEE